The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Considering the fact that the accused has a criminal record of the same kind at several times and that the accused has committed the instant non-licensed driving during the period of suspension of execution, strict punishment against the accused is required.

However, in full view of the following: (a) the Defendant’s mistake is divided; (b) the period of the above suspension of execution is due to fraud, which is a previous criminal record; (c) the traffic accident was not caused by driving without a license of this case; and (d) the Defendant suffers from illness, such as the Defendant’s age, sex and family environment; (d) motive, means and consequence of the crime; and (e) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and family environment; and (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too uneasible

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.